Peralta v. Doe
- Laura Swain
- 1:25-cv-07992
- U.S. District Court · Southern District of New York
- 5
In Peralta v. Doe, Chief Judge Swain ordered Deiver Peralta to pay fees or submit forms within 30 days.
Deiver Peralta, an incarcerated person representing himself, must either pay the required fees or submit the specified IFP application and prisoner authorization within 30 days. The action may be dismissed if he does not comply.
What happened
Deiver Peralta v. Doe concerns a civil action filed by Peralta, who is incarcerated and is representing himself. He submitted the complaint without paying the required fees or completing the required forms.
The court ordered Peralta, within 30 days, either to pay $405 or to submit an application to proceed without paying fees upfront and a prisoner authorization. The authorization would permit installment deductions of the $350 filing fee from his prison account. No answer is required yet, and the court said the action will be dismissed if he does not comply.
Chief United States District Judge Laura Taylor Swain issued the order on October 3, 2025. She also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees.
The detailed version
- Peralta v. Doe · No. 1:25-cv-07992
- Laura Swain
- Oct. 3, 2025
Background
Deiver Peralta filed this civil action without a lawyer. The opinion states that he is incarcerated at Davoren Complex (RNDC). He submitted the complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.
Order
Chief United States District Judge Laura Taylor Swain directed Peralta, within 30 days of the order, to do one of two things: pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application to proceed in forma pauperis (IFP), meaning without prepaying the fees, together with a prisoner authorization.
If the court grants the IFP application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from Peralta’s prison account. The prisoner authorization would direct the facility to deduct those payments and send the court certified account statements covering the previous six months. The opinion states that the $55 administrative fee does not apply to people granted IFP status.
Effect of Compliance or Noncompliance
The court stated that no answer is required at this time. If Peralta complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed. The order does not address the underlying claims in the complaint.
Appeal Certification
Judge Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. She therefore denied IFP status for purposes of an appeal. The order also cautioned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g), subject to the exception stated in the order for imminent danger of serious physical injury.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.